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Tag: ASCI

  • Announces an exciting Contest inviting practitioners to create a 60 sec Video on the theme – "An Advertising Brief is incomplete without the ASCI code"

    ASCI introduces a new initiative for its e-learning course

    By A Correspondent

     

    In its endeavour to promote self-regulation and to strengthen self-discipline among creators of advertising, the Advertising Standards Council of India has introduced a new initiative inviting participants to create a 60-second video using the theme – An Advertising Brief is incomplete without the ASCI code. The 60 second video would encourage advertising practitioners to create an important message that every advertising brief ought to have objective, proposition, communication, etc. but it is still incomplete if not checked against the ASCI code for self-regulation in advertising. This will help guide the creative expression to be creative yet responsible and get their advertisements “Right the first time”.

     

    Participants can submit their entries by uploading the 60 seconds video, highlighting the ASCI e-Learning programme on YouTube.

     

    Commenting on e-Learning programme and the new initiative, Srinivasan K. Swamy, Chairman, ASCI, said, “We have received an encouraging response to the e-Learning programme so far. This has been helping personnel working with advertisers, creative/media agencies or the media, etc. to pro-actively learn and appreciate the dos and don’ts of advertising. We believe that – Be it an advertiser briefing an agency or an agency briefing their team, it’s time we add the ASCI Code sign off to every advertising brief. This is crucial for longevity of any ad and saves money, time & hard work gone in making the ad, by avoiding major pitfalls that require modifying or withdrawing advertisements. We expect a very enthusiastic response from the advertising community to this initiative which would help them internalize the key message.”

     

    On successful completion, participants are awarded with a certificate.

     

     

  • The WhatsApp platform registers 200 million monthly active users in India

    ASCI’s WhatsApp number marks one year of protecting consumer rights

    By A Correspondent

     

    Empowering consumers to register their grievances against objectionable advertisements through an easy access and effective medium, the Advertising Standards Council of India (ASCI) has successfully completed a year of its digital initiative – Snap and WhatsApp (+91 77100 12345).

     

    The WhatsApp platform registers 200 million monthly active users in India. With more and more consumers accessing WhatsApp, ASCI’s WhatsApp number has radically increased its outreach. In a year since launch, the WhatsApp number contributes to approximately 15 per cent of the total number of advertisements complained against by consumers, noted an ASCI commuique.

     

    Commenting on the success of WhatsApp initiative, Srinivasan K Swamy, Chairman, ASCI, said, “By ensuring that the advertisements are truthful, decent, non-offensive, legal and fair in competition, ASCI is ensuring the protection of the interests of consumers. ASCI has provided Indian consumers a very powerful tool through its WhatsApp number (77100 12345) to take action against objectionable advertisements and thereby protecting consumer rights in this digital age. We are delighted to see that our proactive step of launching this number a year ago has been a success with more and more consumers reaching ASCI using this platform.”

     

  • The SC agrees that ASCI serves as an effective pre-emptive step to statutory provisions in the sphere of media regulation for TV and Radio programmes in India

    Supreme Court recognises role of ASCI

    By A Correspondent

     

    Acknowledging the efforts towards self-regulation in advertising, the Supreme Court of India in its recent judgment titled “Common Cause (A Regd Society) v Union of India and Ors”, affirmed and recognised the self-regulatory mechanism put in place for advertising content by The Advertising Standards Council of India (ASCI). The SC agrees that ASCI serves as an effective pre-emptive step to statutory provisions in the sphere of media regulation for TV and Radio programmes in India.

     

    In its judgment, after carefully analysing the provisions of the Cable TV Act and Rules, as well as the submissions presented by the Central Government regarding the necessity of self-regulation in media, the SC concluded that the current regulatory mechanism involving both statutory and self-regulatory system serves as a sufficient media content regulator and needs no interference. The grievance redressal platform provided by self-regulatory bodies like ASCI, therefore, function as the first step for aggrieved consumers against content in the media which might not be in line with the existing laws.

     

    Srinivasan K. Swamy

    Commenting on the Supreme Courts’ directive, SK Swamy, ASCI Chairman said:“It’s a moment of pride and honour for ASCI to have received the highest form of recognition from the Supreme Court of India. This is extremely encouraging as this order endorses ASCI’s processes for  self-regulating advertising content and therefore, motivates us further to strengthen our efforts towards protecting the legitimate interests of consumers from misleading, indecent, harmful and unfair advertisements.”

     

  • This partnership will put in place, a much needed formal mechanism to monitor and curtail misleading advertisements in the AYUSH sector

    Ayush ministry partners ASCI to co-regulate misleading ads

     

     

    Progressing with the impetus towards supporting co-regulation in advertising, the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) has signed anMoU partnering with the Advertising Standards Council of India (ASCI). Addressing the cases of misleading advertisements with respect to Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy Medicines, treatment and related services, ASCI will comprehensively monitor these advertisements across print and electronic media. ASCI has been given a self-monitoring mandate by the Ministry of AYUSH to identify potentially misleading advertisement in the AYUSH sector and process complaints through its Consumer Complaints Council (CCC). The Ministry of AYUSH will also redirect complaints against misleading advertisements they receive to ASCI, which will be reviewed using ASCI’s code and guidelines. The MoU also requires ASCI to report to the Ministry of AYUSH, advertisements in potential violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Rules thereunder as well as non-compliance of ASCI’s CCC recommendations for the Ministry of AYUSH to take further action.

     

    This partnership will put in place, a much-needed formal mechanism to monitor and curtail misleading advertisements in the AYUSH sector and will lead to effective implementation though strong support locally from the State Licencing Authorities as well as Centrally through the Ministry of AYUSH.

     

    Commenting on the partnership, Ajit M. Sharan, Secretary,  Ministry of AYUSH said: “We are happy to announce this partnership with the ASCI. It is yet another important step taken by the AYUSH ministry to ensure that Indian consumers have access to safe and effective medicine. The arrangement would also ensure that any advertisement making claims for diseases and disorders, in violation of the notification issued by our ministry for indications that have been prohibited from claiming, are immediately brought to our attention. We have entered into anMoU with ASCI to effectively weed out such advertisements so that consumers are protected from unscrupulous manufacturers selling products making false claims. This is vital for the propagation of AYUSH system of medicine within India and beyond.”

     

    Added Srinivasan K Swamy, Chairman, ASCI: “At ASCI, we have been relentlessly working to encourage self-regulation in advertising content and ensuring the protection of the interests of the consumers. AYUSH is among top three sectors where we find a high incidence of misleading advertisements and some of the advertisements in the AYUSH sector claiming treatment of certain diseases in violation of the Drugs and Magic Remedies Regulations have been a cause of concern. ASCI’s partnership with the Ministry of AYUSH will provide the necessary support to our efforts in effectively curtailing misleading advertisements in this sector.”

     

     

  • A quick chat with Advertising Standards Council of India chairman Srinivasan K Swamy, done minutes after he was unanimously elected (+Video)

    ‘ASCI decisions are not taken by the Board’

     

     

    On Friday (September 9), Srinivasan K Swamy, Chairman and Managing Director, R K Swamy BBDO, was unanimously elected Chairman of the Board of the Advertising Standards Council of India (ASCI) on September 9. Abanti Sankaranarayanan, Vice Chairperson, CIABC was elected Vice-Chairman and Shashi Sinha, CEO, Media Brands was reappointed the Honorary Treasurer. Other members of the Board of Governors are Al Rajwani (Managing Director & Chief Executive, Procter & Gamble), Benoy Roychowdhury (Executive Director, HT Media), Mr. Dev Bajpai (Executive Director Legal & Corporate Affairs & Company Secretary, Hindustan Unilever Ltd), D Shivakumar (Chairman & CEO, PepsiCo India), Gurmit Singh (Vice President & MD, Yahoo India), N S Rajan (Global Partner & MD, Ketchum Sampark), Narendra Ambwani (Director, Agro Tech Foods), Prashant Singh (MD, Neilsen India Region), Raj Jain (CEO, Bennett Coleman & Co Ltd.), Rohit Gupta (President – Network Sales & International Business, Sony Pictures Networks India), S K Palekar (Adjunct Professor & Advisor – Executive Education, Institute of Management Technology), Subhash Kamath (Managing Partner, BBH Comms India) and Sunil Lulla (Chairman & Managing Director, Grey Worldwide India). Anuka Roy caught up with the new ASCI Chairman for a quick chat:

     

    On his new role:

    ASCI is fairly well-known. There is no advertiser or agency of consequence that has not been told that their ad is somehow misleading or offensive. They all know because they have been hit by ASCI at some point. My real task I do not think is to talk about what is ASCI, that is known. The important thing to tell people is that ASCI’s decision is not made by the Board of Governors of ASCI but is made by something called Consumer Complaints Council (CCC) and what is more relevant there has members from the civil society. The majority of the members are from the civil society that means consumers activists, educationists, lawyers, doctors  – they constitute the majority in CCC. Only some people are from the advertising industry. These people look at advertisements and figure whether they are misleading, offending and then they take the decision. So, they are the ones who take the decision. That is something I would like to take an important part of the agenda to tell people who adjudicates on passing a campaign and hopefully that would set the record straight because the general perception is that ASCI is being influence by the people in the Board of Governors and their mission is against one competitor because the Board influences the decision. That is something I would like to bring in front, so that people know what is happening here

     

    His agenda as the new ASCI Chairman:

    To talk about CCC. There are many things we need to talk about with respect to what it does. For example, when a mission is given, that is an appeal process, you can then get appeal.  When the matter is very complex, you have experts coming in briefing the CCC members about the complexities, whether it is technical or a complex thing they cannot understand, expert is called in. Based on that, CCC members actually take a call. So, there are many things which we can talk about. And, of course we have regular issues like someone will take us to court; we will have to figure out what our strategy will be to defend ourselves. There are all these government bodies that are a part and parcel of us. If ASCI is finding a place in Consumer Protection Act then there is a lot work to be done.

     

    Any other new initiative to engage the consumer, like the WhatsApp initiative:

    The point today is not to get more complaints. We ourselves are monitoring the complaints. We have a group of people looking at all that is appearing in all important advertising categories to see whether an ad is offending or not. Even if you do not complaint, we will track those ads. The marketing of WhatsApp and all is more to engage the consumer but we have been tracking a lot more ads on our own.

     

    On the Patanjali controversy:

    Patanjali is taking ASCI to court, the court will decide whether Patanjali is right or ASCI is right. The fact of the matter is ASCI’s decision is not the Board’s decision, it is the decision made by people like consumer activists, journalists, doctors, educationists etc. So, the court will look at all the facts and decide. Advertising is a critical part of every business and is somebody is going to challenge them in running the business they will take them to court, it is a part of life and we will address it.

     

  • To substantiate its claims, Emami had submitted detailed response along with clinical trial reports done at a renowned International Laboratory in USA

    ASCI dismisses complaint against Emami Hair oil

    By A Correspondent

     

    In an encouraging move to both consumers and brands, the Advertising Standards Council of India (ASCI) has affirmed the soundness of the claims of “Emami 7 Oils in One Damage Control Hair Oil” of providing ‘Upto 20x stronger hair’ and ‘Upto 96 per cent less hair fall’.

     

    The affirmation of ASCI on the soundness of the product comes in the wake of complaint received by them on the above claims being made by the brand, which was dismissed by the regulatory body.

     

    To substantiate its claims, Emami had submitted detailed response along with clinical trial reports done at a renowned International Laboratory in USA, which proved that there was upto 96 per cent reduction in hair fibre breakage for ‘damaged Indian black hair’ treated with single application of Emami 7 Oils in One vis-a vis untreated hair of similar origin.  Emami also shared instrumental studies conducted at IIT Mumbai to validate the product’s efficacy in terms of hair fibre smoothness and its thickness.

     

    Based on the above, the Consumer Complaint Council (CCC) of ASCI concluded that both the claims of “Upto 20X Stronger Hair” and “Upto 96 per cent Less Hair Fall” have been duly substantiated and do not mislead consumers. ASCI’s decision reaffirms the sound testimonials of ‘Emami 7 Oils in One Damage Control Hair Oil’.

     

    Emami 7 Oils in One damage control hair oil has been designed by leading international hair trichologist and the Research & Innovation Team of Emami Limited with the unique combination of vegetable oils, mineral oils, omega fatty acids, vitamins and hair beneficial 7 herbal aushad complex.

     

  • Out of 21 cases received till date, FSSAI disposed 06 cases and remaining cases are in different stages of scrutiny/disposal

    FSSAI & ASCI partner to curb menace of misleading ads

    By A Correspondent

     

    With the momentum shifting towards supporting co-regulation in advertising, the Food Safety and Standards Authority of India (FSSAI) has signed an MoU partnering with the Advertising Standard Council of India (ASCI). Addressing the cases of misleading advertisements in the Food and Beverage sector (F&B), ASCI will comprehensively monitor these advertisements across various media. ASCI has been given a suo moto monitoring mandate by FSSAI to process complaints against misleading F&B advertisements. MoU also requires ASCI to report to FSSAI non-compliance of ASCI’s decisions for further action as required per provisions of FSSAI Act. FSSAI received cases of misleading advertisement through Gama Portal. Out of 21 cases received till date, FSSAI disposed 06 cases and remaining cases are in different stages of scrutiny/disposal.

     

    FSSAI will also redirect complaints against misleading F&B advertisements to ASCI, which will be reviewed using ASCI’s code and guidelines. The review will include violation of the FSSAct and Regulations related to advertisements making misleading, unsubstantiated or false claims.

     

    This partnership will put in place a mechanism to monitor misleading advertisements and will lead towards streamlining advertisements effectively through structured guidelines and appropriate action.

     

    Sh. Pawan Agarwal, CEO, FSSAI added “FSSAI has taken a serious view of misleading advertisements related to Food and to effectively handle the same have entered into MoU with ASCI which shall provide paradigm shift towards handling such scenario and shall also bring transparency and accountability with stakeholders participation”.

     

    Benoy Roychowdhury, ASCI Chairman added, “We are delighted that ASCI’s self -regulatory process on advertising content is getting recognition from various government bodies and the partnership with FSSAI will augment our efforts in curtailing misleading advertisements. F&B products are consumed on a daily basis impacting the health and well-being of millions of consumers. Reining in misleading advertisements for this important sector would be a key priority for ASCI.”

     

  • The consumer contact has almost doubled due to this new medium available to consumers to register their complaint

    ASCI sees 30% increase in complaints with introduction of WhatsApp contact

    By A Correspondent

     

    The Advertising Standards Council of India which had introduced a WhatsApp number (+91 77100 12345) to facilitate consumer reach has seen a significant rise in complaints received. (See Disclosure). According to ASCI, the consumer contact has almost doubled due to this new medium available to consumers to register their complaint. WhatsApp is now contributing to more than 12 per cent of the total advertisements complained against and deliberated upon by the Consumer Complaints Council. With the increased awareness levels, it has also had an incremental effect on the overall number of complaints received directly by other means such as Mobile App and Website. This has resulted in more than 30 per cent increase in the overall number of advertisements complained against. (Disclosure: MxMIndia Editor-in-Chief Pradyuman Maheshwari is a member of ASCI’s CCC).

     

    Speaking on this, ASCI chairman Benoy Roychowdhury, said: “We launched ASCI WhatsApp number with an objective to provide an “on-the-go” and easy “where-ever, when-ever” access for consumers to lodge complaints against objectionable advertisements and to increase ASCI’s reach across India trickling down to smaller towns. This initiative has, indeed, exceeded our expectations proving to be successful within three months of launch. Our WhatsApp number was welcomed not only by consumers but also taken note of, by the Ministry of Information and Broadcasting, Ministry of Road, Transport and Highways, Prasar Bharati, etc. It was called out as a proactive step to be emulated by other similar agencies. Indeed, we are happy and proud that ASCI is in the forefront of “Transforming India”, leveraging technology for consumer meaningful tools.”

     

  • It's World Consumer Rights Day today (March 15) and we Shweta Purandare, Secy Gen of ASCI, listing how one alert on ads

    10 ways to not get taken in by ads

     

    Every year, March 15 is celebrated as World Consumer Rights Day (WCRD), an annual occasion for celebration and solidarity within the international consumer movement. It marks the date when in 1962 the then United States President John F Kennedy first outlined the definition of Consumer Rights.

     

    WCRD is an opportunity to promote the basic rights of all consumers, for demanding that those rights are respected and protected, and for protesting the market abuses and social injustices which undermine them. WCRD was first observed on March 15, 1983, and has since become an important occasion for mobilising citizen action. To mark World Consumer Rights Day, we bring you a checklist on how consumers can play a key role in identifying bad advertisements…

     

    By Shweta Purandare

     

    We all interact with advertising on a daily basis. It is a truly wonderful thing because it informs you about the range of products and services available, and gives you the right to choose. However, it is also seen that needs and desires for a product have been influenced and manipulated directly or indirectly by advertisements. Hence, the content an ad carries becomes of prime importance. Unfortunately, in midst of some great advertising, there are still some ads which erode the trust of consumers by making dishonest, unsubstantiated or misleading claims.

     

    Consumers can play a strong role in identifying bad advertisements by keeping in mind that good ads must be truthful and honest, decent, responsible in promoting a product or a service and fair in terms of competition.

     

    While the Advertising Standards Council of India (ASCI), as a self-regulatory organisation for 30 years, takes suo motu action against advertisements that are in gross violation of the ASCI code, it is the consumer who can make a real difference to weed out such “bad ads” by flagging them off to the ASCI. The Council looks into every single complaint it receives, and it is important that the consumers send a specific complaint against a specific advertisment by providing their objection for ASCI to effectively process their complaint.

     

    So how does one spot a ‘bad ad’? Here are 10 things to look out for:

     

    1. If you find the ad making a promise too good to be true

     

    2. Ads giving a 100 per cent (job) guarantee

     

    3. Ads promising cure from incurable conditions or making claims to ‘cure’ things like diabetes, kidney stones, cancer, epilepsy, baldness, increase in height, infertility and such

     

    4. Ads promoting magical potions, lotions, pills and tablets to enhance sexual potency

     

    5. Those claiming to be No.1, in terms of brands/colleges/institutes. Be particularly wary of brands and institutions that are unheard of or insignificant in their presence

     

    6. Absolute claims like “Best”, “Finest”, “Most”  for which the advertiser needs to prove that their product is better than all the rest

     

    7. Ads deriding any race, caste, colour, creed, gender or nationality

     

    8. Ads depicting unsafe practices

     

    9. Ads depicting violation of traffic rules such as riding two wheelers without a helmet, driving without a seat belt, overtaking from the wrong side of the road and such

     

    10. Ads disparaging competitor products

     

    Shweta Purandare is Secretary General at The Advertising Standards Council. This article first appeared in dna of brands dated March 14, 2016

     

  • Of the 51 ads against which complaints were upheld, 16 belonged to the Personal and Healthcare category, followed by 19 in the Education category, 5 in Telecommunication and Broadband category and 11 from other categories

    ASCI upholds complaints against 51 of 98 ads in Oct 2015

    By A Correspondent

     

    In October 2015, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 51 out of 98 advertisements. Of the 51 advertisements against which complaints were upheld, 16 belonged to the Personal and Healthcare category, followed by 19 advertisements in the Education category, 5 in Telecommunication and Broadband category and 11 advertisements from other categories.

     

    HEALTH AND PERSONAL CARE

    The CCC found the following claims in health and personal care product or service advertisements of 15 advertisers to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.

    1. Procter & Gamble Home Products Ltd. (Pantene Shampoo): The claim of “New” in the advertisement of Pantene Shampoo is not qualified as per the ASCI Guidelines to elaborate that this refers to product upgrade. Thus, it was concluded that the advertisement is misleading by omission of this disclaimer.

     

    2. Colgate-Palmolive (India) Ltd. (Colgate Sensitive Pro-Relief Enamel Repair): It was concluded that the advertisement’s claim in the voice over of “enamel repair” as well as the visual representation which indicate that the tooth enamel is restored to its original condition or is re-built, was not substantiated.

     

    3. Novartis India Limited (Otrivin Nasal Spray): Otrivin is an OTC product containing Xylometazoline which could cause Atrophic Rhinitis if not used as directed. Aggressive advertising without providing information about the caution to be exercised can promote indiscriminate use of the product among the general public. It was noted that the package insert of the product has necessary caution statements; however, reference to any usage indication is absent in the advertisement. It was concluded that in the absence of a disclaimer, the TVC shows an unsafe practice without justifiable reason and encourages negligence.

     

    4. Dabur India Limited (Dabur Odomos Mosquito Repellant): The claim in the advertisement, “It is clinically proven that Odomos offers the most effective outdoor defence against mosquitoes for as long as 12 hours”, that is presented in the context of protection of Dengue mosquitoes was not substantiated adequately.

     

    5. Patanjali Ayurved Ltd (Patanjali Kesh Kanti): The claims in the advertisement, “World’s No.1 Ayurvedic Brand” and “100% charity from Profits” were not substantiated.

     

    6. Patanjali Ayurved Ltd (Patanjali Dant Kanti): The claims “World’s No.1 Ayurvedic Brand”, also the claimed benefits of the ingredients (such as Akarakara, Tumburu, Babool, Vajradanti, Majuphal, Margosa/Neem, Vidang, Turmeric, Clove, Mint, Pippali, Bakul, and Peeloo,) and “100% charity from Profits”, were not substantiated and were misleading.

     

    7.      Apollo Pharmacy (Free home delivery service): It was concluded that the claim, “Free Home delivery service”, is misleading by omission of a disclaimer qualifying the conditions under which the claim is tenable.

     

    8.      Dr. Ved Vyas Mishra (Treatment for Various ailments):  It was concluded that the claims in the advertisement, “Complete safe treatment through Homeopathy medicine”, “guaranteed treatment through Homeopathic medicines for Piles, Skin, Impotency, Infertility, Kidney stone, Migraine, Blood Pressure, Hair falling, Pimples, Gas acidity, weight loss etc”, were not substantiated. Specific to the claims related to guaranteed treatment for impotency, infertility, kidney stone and blood pressure, the advertisement is in breach of the law as it violates The Drugs & Magic Remedies Act.   Also, specific to the claims related to treatment for piles, the advertisement is in breach of the law as it violates Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.

     

    9.      Sanjay (Ayurvedic Pvt Ltd – Ghuti +) Baljiwan Pharmacy: The claim in the advertisement, “Continuous service for the last 102 years”, was not substantiated.

     

    10.  Glamour World Ayurvedic Co Pvt Ltd (Rocket Capsules): The claims in the advertisement, “With the magic of Rocket anyone can stand up today”, “One would feel the effect in three days” and “Men and women can enjoy the benefits of this medicine till seventy years of age”, were not substantiated with product efficacy data or approval from the licensing authority. Also, the claims read in conjunction with the visual imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law.

     

    11.  MK Agrotech Private Ltd. (Sunpure Refined Sunflower Oil): The claim in the advertisement which states, “India’s first chemical free processed sunflower oil with no harmful additives / preservatives” was considered to be misleading by implication. The advertisement unfairly denigrates oils undergoing regular processing. Also, the claim, “Rich with Natural vitamins”, was not substantiated. In addition no analytical test reports have been submitted to substantiate the claims of “Fresh”; “Healthy”; “all natural”; “natural vitamins”.

     

    12.  Vibes Healthcare Limited (Vibes Weight Loss Assurance): The claim in the advertisement, “Vibes weight loss assurance” was not substantiated.

     

    13.  Dr. Gupta’s Clinic: The claim in the Advertisement, “Dr Guptas Clinic is the country’s No.1 sexual disease treatment center”, was not substantiated.

     

    14.  Raghav Lifestyle Products (Ajay Toothpaste): The claims on the pack of the product which state, “5x clove power vs. non clove toothpaste”, “Superior cavity protection”, “Advanced formulation”, “Complete natural protection”, were not substantiated and were misleading in nature.

     

    15.  The Bodycare: The claim in the advertisement, “Get Services worth Rs.5000 for Rs.49 only”, was found to be false and misleading by omission of a disclaimer qualifying the conditions under which this claim is tenable.

     

    16.  Ayurwin Pharma Pvt. Ltd. (Nutrislim): The advertisement shows “a man refusing to take his wife to official party because she is fat” and implies that only slim women are considered to be beautiful, derides women and is derogatory especially for women who are overweight.

     

    EDUCATION

    The CCC found that claims in the 19 advertisements were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

    1.      Byju Classes (GRE Coaching): The claims in the advertisement, “Why is success guaranteed in GRE with Mumbai’s top GRE coaching classes – BYJU’S classes?”, “60 sec is what you need to crack any verbal question using our Mathematical Approach”, “Best Teacher & comprehensive course content” and “70% of our students cross 320 in GRE with our courses”, were not substantiated.

     

    2.      Byju Classes (CAT Coaching): The claims in the advertisement, “Bell the CAT with India’s No.1 CAT Trainers”, “2000 students attend BYJU’s Classes together in a single batch in single center – making it India’s Biggest Classroom” and “Byju Raveendran serial CAT topper & No. 1 trainer for the CAT”,  were not substantiated.

     

    3.      Byju Classes (GMAT Coaching Classes): The claims in the advertisement, “70% of our students have a score of 700+ in GMAT”, “60 sec is what you need to crack any GMAT verbal question using our Patented Mathematical Approach”, “760 is the minimum GMAT score of our trainers” and “We are exclusive education partner with Samsung, The Times of India, The Hindu”, were not substantiated with evidence.

     

    4.      Byju Classes:  The claims in the advertisement, “Best CAT Coaching Institute in India”, “GMAT Topper”, “Unique CAT Pattern Workshop”, “Can’t Compare with Byju & Santosh”, “Study Material of Most of the Institutes have no value differentiation”, “80% of the students have crossed 90 percentile over the last 5 years”, “Unique Approach to RC”, “Best Team of IAS Trainers”, “India’s No. Aptitude Trainer”, “India’s #1 IAS faculty”, “20,000 test-takers across the country”, “No National Level Tests” and “Best Teachers”, were not substantiated.

    5.      CL Educate Ltd. (Career Launcher): The claims in the advertisement, “CAT Test Series – The No.1 Cat Test Series Program”, “Most recommended test series”, “Rated the best by students”, “True percentile predictor”, were not substantiated adequately.

     

    6.      Rao Edusolutions Pvt Ltd. (Rao IIT Academy): The claims in the advertisement, “India’s most dominating results in JEE Advanced 2015”,  “8 out every 10 RIITians qualify in MH-CET” and  “Number of students selected from Mumbai” (graph showing year of JEE Advanced), were not substantiated with supporting data.

     

    7.      Exam Victor (Online MBA Entrance Coaching): The claims in the advertisement, “India’s Finest Online MBA Entrance Coaching. Period”, “The Best Faculty-Each lecture, every problem and each video is painstakingly hand-crafted by Vivek, an alumnus of IIT Bombay and IIM Ahmedabad. So you can rest assured that your study material is of the highest quality”, “Individual Attention-Making you an Exam Victor is our only priority. We leverage the best technology and cutting-edge analytics to closely follow your progress and provide you timely feedback”, “How is learning online with ExamVictor better?” and “Most classes employ regular graduates of variable quality”, were not substantiated.

     

    8.      Career Institute of Commerce & Accounting: The advertisement claiming rank after 10, was not substantiated.

     

    9.      IMS Learning Resources Pvt. Ltd. (MBA CET): The advertiser argues that the term “Trusted for Success” is their logo and 15000+ students enrolling with their institute signifies their trust in the institute.  The CCC did not consider enrolment of students to be necessarily an indicator of their trust in the institute.

  • In the Health & Personal Care category, the CCC found the following claims in health and personal care product or service advertisements of 37 advertisers to be either misleading or false

    ASCI uphelds complaints against erring ads

    By A Correspondent

     

    In August 2015, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 87 out of 117 advertisements. Out of 117 advertisements against which complaints were upheld, 37 belonged to the Personal and Healthcare category, followed by 41 advertisements in the Education category and 9 advertisements from other categories.

     

    In the Health & Personal Care category, the CCC found the following claims in health and personal care product or service advertisements of 37 advertisers to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Some complaints that were upheld include:

     

    1. LG Electronics India Pvt. Ltd.  (LG Water Purifiers): The advertisement of LG Water Purifiers claims, “India’s only true water purifier” which was not adequately substantiated.

     

    2. Hindustan Unilever Ltd. (Pureit Ultima): The TVC of Pureit Ultima claims, “Pureit Ultima RO+UV. Sirf is mein hai Purity Indicator jo saaf saaf dikhata hai ki paani kitna pure hai”, which was false and misleading. Furthermore, the Print advertisement and Website claims, “Pureit Ultima with Purity Indicator. Purity you can see!” was misleading by implication.

     

    3. L’Oreal India Private Limited (L’Oreal Fall Repair):  The claims in the advertisement, “Its   triple action arginine nourishes hair from its roots, it reduces breakage, hair grow stronger” and “Save up to 2000 hair strands”, were inadequately substantiated and were misleading by ambiguity.

     

    4. Lotus Herbals Limited (Lotus Herbals Youth RX): The claims in the advertisement, “A firmer and younger skin in just seven days” and “In four weeks 96 percent of users have agreed that effects of ageing are almost gone”, were inadequately substantiated.

     

    5. VLCC Ltd Healthcare: The claims in the advertisement, “Listen to your DNA for weightloss. Presenting for the first time VLCC DNA Slim a scientific weight loss solution based on your DNA”, “Running 4KM daily helped your colleague Lose weight. But may only make you lose your cool” and “Lose four kilograms or get your money back”, were considered to be misleading by exaggeration and implication.

     

    6. Shree Baidyanath Ayurved Bhawan Pvt Ltd (Baidyanath Medohar Guggulu): The diagrammatic representations of before and after images shown in the advertisement and on the product pack were found to be misleading by exaggeration.

     

    7. Nityanand Herbals (Dia Nitya): The claims in the advertisement, “Miracle in the world Dia Nitya – For Diabetes – Instant relief – Made from traditional natural herbs – Helps in reactivating the beta cells – Helps in high consumption of glucose by cells – Works as insulin – No Side effects”,  “Our aim to make the world diabetes free”,  were not substantiated. Also, specific to the claims implying cure for Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

    8. Mardana Josh Range of Products: The advertisement’s claims, “Mardana Josh Herbal Majun & Capsule – Increases masculine energy, provides stoppage, increases stimulation and potential, stops premature ejaculation, successful in curing physical weakness”, were not substantiated.  Also, the advertisement claims read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

    9. Weitrex Forte Capsule & Drops: The claims in the advertisement, “Weitrex Forte Capsule & Drops – Reduce Obesity”, “No Dieting” and “No Side Effects with pure ayurvedic treatment”, were not substantiated.

     

    10. Claris Lifesciences limited: The claim in the advertisement, “Industry best in Healthcare” is false as it is ranked #2. The advertisement does not have a disclaimer qualifying the source and date of research for the claim made in the advertisement.

     

    11. Hindustan Unilever Ltd. (Fair & Lovely Men’s Fairness): The visual of “a model in the jeep without wearing seat belt” as depicted in the TVC of Fair and Lovely Men’s Fairness shows an unsafe practice.

     

    12. Johnson & Johnson Ltd (Aveeno Active Naturals): The claims mentioned on the pack and as cited in the complaint, state “Aveeno Active Naturals are ingredients derived from nature” for the declared active ingredient on the pack “Dimethicone” which is not considered to be natural was false and not substantiated.

     

    In the education category, the CCC found that claims in the advertisements by 41 advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Few complaints that were upheld include:

    1. Personaliteez: The advertisement’s claim, “Making 2 lakhs per weekend”, was not substantiated.

    2. Peoples Empowerment Group – ISB&M School of Technology: The claims in the advertisement, “100% Placement” and “ISB&M School of Technology Ranked 8th in Emerging Engineering Institutes in India”, were not substantiated.

     

    3. NIPS  School of Hotel Management: The claims in the advertisement,  “World Record Holder”,  “Ranked No. 1 Eastern India the Pioneer Newpaper 2014”,  “Best Placement Award- By South Asian Academy, New Delhi, 2012”,  “Ranked No. 2 Among India’s Private Hotel Management Institute – The Pioneer Newspaper – 2013”,  “Holder of Limca, Asia & India Books Of Records”,  were not adequately substantiated with evidence.

     

    4. The Mentor’s Academy: The claims in the advertisement stating, “Get a reputed Government job. Get Bank, Railway, Police etc. in just one day exam”, and “100% Money Back Guarantee”, were not substantiated.

     

    5. CL Educate Ltd (Career Launcher): The claims in the advertisement stating, “CAT Test Series – The No.1 CAT Test Series Program”, “Most recommended test series”, “Rated the best by students” and “True percentile predictor”, were not substantiated adequately.

     

    6. SCMS School of Engineering & Technology: The claim, “Kerala’s No. 1 Engineering College (SF) in quality and excellence”, was not substantiated with comparative data.. The claim, “SCMS is ranked No. 1 in all ranking surveys conducted by RECCA-NIT”, was not substantiated with supporting data and also the claim is misleading by omission of what the ranking was specific to.

     

    7. Invertis University: The advertisement claims, “National Education Award 2014 for Outstanding B-School & Engg. Univ. – ABP”, “4 Star Ranking – The Pioneer”, “Bharat Shiksh Ratan – Velidicted by GAF, Delhi” and “Best Emerging University Of North India – Indian Achievers Podium”, were not adequately substantiated and were misleading by omission of disclaimers.

     

    8. Career Institute for Commerce & Accounting: The claim in the Advertisement, “AIR-26, 30, 36, 37, 41, 42” as a declaration is considered to be fake and not substantiated with supporting data.

     

    Other ads that were upheld include:

    1. HSIL Limited (Hindware Ensemble Kitchen): The claim in the advertisement, “Air Flow–1200 m3/hr”, was not substantiated with supporting technical data.

     

    2. Bharti Airtel Ltd. (Airtel Broadband): The claim offer of “Airtel Broadband – 60 GB @ Rs.1099 with unlimited calls”, was not substantiated with evidence of the customers who have availed this scheme.

     

    3. Amazon Kindle: The advertisement claiming price off of Rs 1000/- from Rs. 5999 to Rs 4999 in large prominent font shown for an image of the product costing Rs.8999/-  is misleading by implication regardless of the disclaimer (in fine print), “Device shown in Image is Rs.8999/-”.

     

    4. Carlsberg India Limited (Tuborg Zero): The advertisement was a surrogate advertisement for a promotion of a liquor product – Tuborg Zero.  The advertiser did not provide the annual market sales data of the product/service advertised, thus the advertisement contravened Chapter III.6 (a) (b) of the ASCI Code and the Guidelines for Brand Extension product or service.

     

    5. 3M India Limited (3M Car Care): The advertisement visual showing a car splashing water filled on the road, encourages people to indulge in dangerous practices without justifiable reason.

     

    6. John Distilleries Pvt Ltd (Original Choice): The advertisement shows a bar situation with coloured liquid in bottles/glasses which appears to be a direct promotion of liquor product – Original Choice.  The advertisement is misleading by implication and contravened Chapters I.4 and  III.6(b) of the Code (“Whether there exists in the advertisement under complaint any direct or indirect clues or cues which could suggest to consumers that it is a direct or indirect advertisement for the product whose advertising is restricted or prohibited by this Code.”).  Also, the advertisement did not meet the requirements as per ASCI’s Guidelines for Qualification of Brand Extension Products and thereby contravened Chapter III.6 (a) of the ASCI Code.

     

    7. Manappuram Finance Limited: In absence of a disclaimer to indicate that the earlier scheme of 5% reduction in interest rate has been extended to other branches, the advertisement is misleading by omission.

  • In July 2015, ASCI's Consumer Complaints Council upheld complaints against 74 out of 110 advertisements

    Personal & Healthcare dominates list of upheld ASCI complaints in July

    By A Correspondent

     

    In July 2015, ASCI’s Consumer Complaints Council (CCC) upheld complaints against 74 out of 110 advertisements. Out of 110 advertisements against which complaints were upheld, 28 belonged to the Personal and Healthcare category, followed by 25 advertisements in the Education category and 21 advertisements from other categories.

     

    HEALTH AND PERSONAL CARE:

    The CCC found the following claims in health and personal care product or service advertisements of 27 advertisers to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.

     

    1. Beiersdorf (India) Private Limited (Nivea Deodorizer): The advertisement claims “India’s 1st Body Deodorizer”, regardless of the disclaimer “from Nivea”, is misleading by ambiguity as it is not the first deodoriser in India nor the first deodorizer from Nivea in India. Also the claim, “Day Long Odour Control from Just One Use”, was not substantiated with evidence.

     

    2. L’Oreal India Pvt Ltd.: (Garnier Fructis Oil in Cream): The use of the word “nourishment” in the advertisement of Ganier Fructis Oil in Cream is likely to convey to the consumer that their product does something more than just making hair more smooth and manageable. In addition, the claim “2X Nourishment of Hair Oil” was considered misleading by ambiguity and implication.

     

    3. Shiseido India (Za True White Day Cream): The advertisement claims, “SPF 20 PA++”, “94% Improvement in Skin Clarity*, More Glowing & Radiant Skin*”, “100% Improvement in Skin Tone*, Reduction of Spots & Pigmentation*” and “Now see results in just Seven days!*”, were inadequately substantiated.

     

    4. Kent RO Systems Limited (Kent Mineral RO Water Purifier): The advertisement claims “sabse surakshit pani”, “100% protection” and “100% Health”. These claims have not been substantiated and are considered to be misleading.

     

    5. Kent RO System Ltd (Kent Mineral RO Water Purifier): The advertisement claims “100% or total protection” which was misleading by exaggeration. Also, the claim, “100% protection/Total Protection from waterborne diseases”, is an absolute claim which was not substantiated.

     

    6. Reckitt Benckiser Healthcare India Ltd (Harpic toilet cleaner): The disclaimers in the TVC were not legible, and contravened the ASCI Guidelines on Supers.

     

    7. Godrej Consumer Products Ltd (Cinthol Original Soap): The TVC of Cinthol Original Soap, showing an actor (non-medical person) as a real skin specialist doctor by name “Dr Subha Iyer” endorsing the product is misleading.

     

    8. Lotus Herbals Limited (Lotus Herbals Phyto RX): The advertisement claims “100% women discovered firmer, younger skin in Four weeks”, “See the difference in Four weeks: – Firmer skin. – Reduction in fine lines, wrinkles & dark spots”, “SPF 25/ PA+++” and “Active Organic Ingredients – Ginseng, Ginger & Whey Protein”. These claims were not adequately substantiated and were found to be misleading.

     

    9. Hindustan Unilever Ltd. (Fair & Lovely Men Charcoal Face Wash): The claim by the brand, “Gives fair look for eight hours” was not substantiated adequately.

     

    10. Emami Limited (Emami7 Oil in One): In the context of statement in the advertisement, “Everyday you lose up to 100 hair strands as regular hair fall but don’t lose heart”, the claim, “With the Magic of Seven Oils Hairfall is reduced from 100 to upto Four”, is misleading by ambiguity as it implies natural hair loss whereas the claim refers to hair fall due to breakage.

     

    11. Netralaya Super Specialty Eye Hospital: The claims “Freedom from Glasses and contact lens”, “First time in Ahmedabad to get all types of eye treatments under one place”, “World’s best and fastest Laser”, “Removal of One number in 1.4 seconds”, were not substantiated with supporting technical and factual data.

     

    12. HB Care 24: The claims in the advertisement, “Gain – reduce weight – No Exercise – No Medicine – No Dieting”, “Reduce 2 inches in just 1 hour sitting” and “Stop hairfall in 5 days”, were not substantiated.

     

    13. Jivo Wellness Pvt Ltd (Jivo Canola Cooking Oil): The advertisement claims, “Effective for healthy Heart and in reducing bad Cholesterol”, “Effective against diabetes, heart diseases”, “Effective against Cancer”, were not substantiated with clinical evidence specific to the product. The claims indicating efficacy against diabetes, heart disease and cancer were considered to be misleading by exaggeration as no specific credible clinical research was submitted to prove claims of efficacy against serious diseases.

     

    14. Vasan Healthcare Private Limited (Vasan Eye Hospital): The claims in the advertisement “World’s largest eye care network”, “Get rid of glasses permanently”, “They give accurate without fail eyesight in just 15 mins”, “One can enjoy vacation without glasses” and “ICL can be implanted in dry eyes and thin cornea”, were not substantiated.

     

    15. Cure Sight Laser Centre: The claims in the advertisement “India’s No. 1 LASIK centre”, “Complete removal of (freedom from) Glasses and contact lens without operation”, “The Most experienced team of doctors for LASIK in Gujarat and whole India” and “World’s best technology and fastest Refractive suit by Alcon”, were not substantiated.

     

    16. Shathayu Ayurveda: The advertisement claims “Redefine your natural curve with detox and fat burning paste massage to enhance metabolism and reduce body fat”, were not substantiated.

     

    17. Mankind Pharma Limited (Heal-O-Kind Nanofine Gel): The advertisement claims “Has strong anti-bacterial action”, “Reduces swelling, doesn’t allow scarring of wound”, “First Aid ka All-Rounder”, “Injury, burns, bruises, cuts and diabetic foot ulcer (these terms shown in the advertisement with a checkmark implying Heal-O-Kind gel is useful for these conditions)” and “The healing power of Nanofine Technology”, were not substantiated with product efficacy data.

     

    18. Keva Ayurveda: The advertisement claims, “Increases Immunity. Improves memory, concentration & learning ability”, “Improves digestion & skin tone”, “Prevents recurrent infections, asthma & other allergic conditions” and “Improves speech, hearing & visual acuity”, were not substantiated.

     

    19. Torque Pharmaceuticals Pvt Ltd (No scars Cream): The TVC of the product claims “Changing dark skin and scars and resulting in facial skin glowing in one week” were not substantiated. The visuals in the TVC showing the transformation depict the protagonist as unhappy in the pre-use state. This also contravened Clause 2 of the ASCI guidelines for Advertisement of Fairness Improvement Products.

     

    20. Clear Vision Eye Hospital Private Limited: The claims in the advertisement of “quality assurance”, “c-lasik wavefront and topolink treatment available”, were not substantiated with supporting evidence to prove that the hospital possesses equipment for wavefront and topolink treatment. Further the claim of “Extremely safe FDA approved” was considered misleading by exaggeration in view of the procedure not being free from risks or complications.

     

    21. Rich Feel Trichology Centre (Hair and Scalp Clinic- Ana-d-tox treatment): The advertisement claims “Rich Feel Introduces for the 1st time in India, a post hair colour treatment was found factually incorrect and misleading by ambiguity.

     

    22. Stem Cell Society of India: The advertisement claims “Prime Minister Narendra Modi’s vision for Stem Cell Therapy”. The Advertiser has used the photograph of the Prime Minister (PM) in the advertisement without his permission, which is misleading and confers an unjustified advantage on the product advertised and tends to bring the PM’s name into ridicule/disrepute. This violates Chapter I.3 of the ASCI code.

     

    23. Dr Ghanshyam Patel’s Advanced Homeopathetic Hospital & Clinical Research Centre: The claims in the advertisement, “Sureshot, fast and effective treatment by advanced invention and innovative medicines for all diseases (incurable as well)”, “Piles – Warts/ Asthma – breathing/ Cancer/ Aids/ Arthritis, Acidity gets cured from its roots. Shortly get relieved from cold and asthma without steroid or inhaler and relief only by medicines, in case of piles – warts without operation and get permanent treatment”, were not substantiated. Specific to the claims related to treatment/cure for Piles, the advertisement is in breach of the law as it violated The Drugs and Cosmetic Act, 1940 and Rules, 1945. Also, specific to the claims related to treatment/cure for Cancer, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.

     

    24. Alcos International: The advertisement’s claim “PA+++”, was not substantiated as the data submitted contained some general information about definitions of SPF and UV radiation, but there is no reference how it relates to the ALCOS/IONA product. Also, the visual shown in the advertisement is misleading as it implies complete protection from sun rays.

     

    25. DHI Global Medical Group: The claim in the advertisement which said “Results you can see within an Hour!” was not substantiated. The visuals of before and after the treatment were misleading. Specific to the claims implying baldness prevention is in breach of the law as it violated The Drugs & Cosmetics Rule 106.

     

    26. OPTM Health Care Private Limited (Varco Therapeutic Oil): The advertisement’s claim “Varicose Veins heal with Varco”, was not clinically validated. The advertisement further claims “Varco, the revolutionary organic bio-energetic phyto oil, is an effective solution to varicose veins, without surgery” and “Varco Blue vein remover Therapeutic Phyto Oil” are not adequately substantiated. Specific to the claims related to treatment of varicose veins is in breach of the law as it violated The Drugs & Cosmetics Rule 106.

     

    27. Matsyafed Chitone (Anti Fat Formula): The advertisement’s claim “Chitosan Is your Safest Bet Against Fat. And It’s Proven”, was not substantiated.

     

    28. Shree Renuka Sugars Limited (Madhur Sugar): The claims in the advertisement “Free (Sale) Sugar v/s Madhur sugar”, “Sulphur-free process”, “Best uniform quality, natural sweetness and shinning white crystal”, “Free from hand touch”, were not substantiated and the claims were misleading by implication and exaggeration.

     

    EDUCATION

    The CCC found that claims in the advertisements by 25 advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.

     

    1. Southern Academy Maritime Studies: The claim in the TVC, “if anybody who is willing to study in this college, can get a job as a Captain in a Ship and can earn upto 60 Lakhs per Annum”, was not substantiated and is misleading by ambiguity and exaggeration.

     

    2. Aakash Educational Services Pvt. Ltd. (Aakash Institute): The advertisement claims that Twins Rahul Bansal and Sahil Bansal (AIIMS-2015 ranks 23 and 40) and Yuvraj, (AIIMS-2015 rank 11) are from their coaching institute. This was false and was not substantiated.

     

    3. Hansa Medcell: The claim in the advertisement, “Gain specialist skills without sacrificing daily clinical practice”, is misleading since “Distance Education” cannot allow one to gain specialist skills in gastroenterology, cardiology etc., since all these specialities involve very special procedures like OGD Scopy and Colonoscopy (Crastroenthrology) and Angiography, Angioplasty (Cardiology) etc. As per clause 7.20 of MCI Act (Amendment 2002) one can’t call oneself a specialist unless one has acquired specialist qualifications. The Medical Council does not offer recognition to distance education programmes. In addition the claim, “provide One year distance education of post-graduation programs from prestigious American college of gastroenterology John Hopkins University School of medicine”, was false and misleading by ambiguity. and

     

    4. Shri Maharana Pratap Private ITI: The advertisement claims, “no university or institutions are valid to provide any certifications in fire and safety except Shri Maharana Pratap ITI” and “only 4 institutions in India are valid to provide fire and safety courses”, were not substantiated and were considered to be misleading by ambiguity.

     

    5. BSE Institute Limited: The claim in the advertisement, “Become a Professional Banker in Just Two Months”, is misleading by ambiguity, as it is offering a “Professional banking program” conducted internally and the jobs being offered were inclusive of basic functions such as Welcome Desk.

     

    6. National Board of Computer Education: The claims in the advertisement, “Affiliation from International Accreditation Organization (IAO), Houston, U.S.A.”, and “Affiliation from Copy Right Division under Ministry of Human Resource Development, Govt. of India”, were not substantiated with supporting proof.

     

    7. AAFT School of Fashion & Design: The claim in the advertisement, “The only Fashion School associated with Film Industry”, was not substantiated.

     

    8. Padmashri K. K. Shastri Educational Campus: The use of Padmashree prefix before a name as used in the advertisement confers an unjustified advantage on the advertised product (Educational Campus) as such reference. This violates Chapter I.3 of the ASCI code.

     

    9. CL Educate Ltd: The claim in the advertisement, “61/100 toppers in CLAT ’15 are LSTians”, was not substantiated.

     

    10. Global Inc Training Centre: The claims in the advertisement, “Assured C.T.C. Rs.14K to Rs.22K per Month” and “100% Guaranteed Placement under Money Bank (OR MONEY BACK) Scheme”, were not substantiated adequately with supporting data.

     

    11. Rabiya Industrial Training Institute: The claims in the advertisement, “100% Job” and “The One and Only One Accredited Learning Center in State of Bihar, Uttar Pradesh, West Bengal & Jharkhand”, were not substantiated.

     

    12. The English Square: The claim in the advertisement, “Learn to speak fluent English in just 100 hours with 100% Guarantee”, was not substantiated.

     

    Complaints against advertisements of all educational institutes listed below mostly are UPHELD because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the No.1 in their respective fields’:

    Endeavor, Indus Early Learning Centre, Thangavelu College Engineering, Indian Institute of Medical Representative Private Limited, GCS Institute of Computer Technology, Rama Naidu Film School, Patel Computers, Red & Multimedia Education White, Shree Venkateshwara Hi-Tech Engineering College, Shri Guru Ram Rai Institute of Technology & Science, Career Master, Capital Infosys Institute of Hotel Management & Tourism and Brilliant Tutorial.

     

    OTHERS

    1. BMW: The mention of “price” in the advertisement in place of “down payment” was found to be misleading.

     

    2. HDFC Bank Ltd: The advertisement claim “Avail of your preapproved paperless Personal loan of up to Rs 7.50 lac in just 12 hours” was not substantiated and is misleading by ambiguity.

     

    3. Max Bupa Health Insurance Company Limited (Max Bupa Health Insurance): The claim in the advertisement, “Cashless approval in 30 minutes”, was not substantiated.

     

    4. Glaxo Smith Kline Consumer Healthcare Ltd (Boost): The TVC is misleading by showing adult players demonstrating an increase in stamina. The visual depicted in the TVC read in conjunction with the disclaimer, is misleading, as the disclaimer in the TVC is about the scientific study published in a peer reviewed scientific journal and are proven for the age group of 7-11 years.

     

    5. Britannia Industries Limited (Nutrichoice Heavens Cookies): The claim in the advertisement which stated“….yet healthy”, was not substantiated, and the claim, “loaded with ripe Bananas and crackling almonds”, is misleading by exaggeration.

     

    6. LG Electronics India Ltd (LG Inverter V Air Conditioners): The advertisement’s claim “India’s only* AC that keeps mosquitoes away” was not adequately substantiated. Also the claim, “Mosquito protection” was not substantiated with evidence.

     

    7. Bloomberg TV India: The advertisement claims “The market opens with Bloomberg TV India. The No.1 market opening show 9 a.m. – Street Smart Dealing Room. Factual. First. Fastest. Final. Future”, “When it comes to business and markets programming, Bloomberg TV India is the channel of choice” and “The most preferred destination for business and markets content. No. 1. Bloomberg TV India leads with 43% market share in the English Business News genre”. All the three advertisements violate the BARC Principles which state inter alia that “The period of comparison must cover at least four consecutive weeks of data”. The audience definition chosen by the advertiser violates the principle that subject matter of comparison is not chosen in such a way as to confer an artificial advantage upon the advertiser or so as to suggest that a better bargain is offered than is truly the case. The baseline claim in the Ad, “First. Fastest”, was also found misleading as the Advertiser has not provided any evidence to substantiate this claim.

     

    8. Ebay Inc (Ebay): The advertisement claims, “EBay Guarantee – Don’t Worry, Buy Happy”, “EBay guarantee” and “100% Satisfaction or refund/replacement”, were false, not substantiated and were misleading.

     

    9. Imperial Vehicles Pvt. Ltd (Ashok Leyland ‘DOST’): The claim offer in the advertisement of “cash discount + free android phone + exchange facility” is false and is misleading. Also, it is a lapse in the fulfilment of an advertised claim offer.

     

    10. Amazon.Inc (Amazon Kindle): The TVC of Amazon Kindle is misleading by omission of a disclaimer qualifying the price of the actual product being promoted.

     

    11. Gujarat Tea Processors & Packers Ltd (Wagh Bakri Good Morning Premium Tea): The claim in the advertisement, “The Best Blend of Tea in the world”, was not substantiated.

     

    12. Epson India Pvt. Ltd (Epson): The advertisement’s claims “Maximise your savings with Epson 143 ink cartridges that yield up to 945 black and 755 colour A4 pages. With a very low cost per page of US$0.016# for black and US$0.048# for colour, running costs are reduced by up to 50% compared to laser printers. The WF-7511 utilises only 20W in printing or standalone copying mode, helping to cut energy consumption by up to 70% versus laser printers”, were not substantiated with detailed supporting data. Also, the claim was misleading by omission of applicable specific conditions.

     

    13. CP Plus India Private Limited (CP Plus): The brand’s claim “India’s no.1 CCTV Brand” was not supported with the source and date of research and criteria for assessment for the claim made in the advertisement.

     

    14. Asianet Communications Ltd (Sell me the answer): The scene in the advertisement showing “the school teacher hitting the student on his palm with a stick”, of Corporal Punishment in Schools and Institutions was considered likely to result in the physical, mental or moral harm to children.

     

    15. Spencer’s Retail Pvt Ltd: The offer in the advertisement of “Zyada ka Fayda” claiming additional Rs.100 cash back is misleading by omission of a disclaimer qualifying that the offer is only for credit card holders.

     

    16. Radico Khaitan Limited (Magic Moment): The advertisement was a surrogate advertisement for a promotion of a liquor product – Magic Moment Vodka which contravenes the ASCI Code and the Guidelines for Brand Extensions.

     

    17. Odisha Television Limited: The TAM data for weeks 11 to 14 shows that OTV stands at #4 by average reach across weeks and at #5 by TVTs. Sarthak, Star Plus and Tarang have been consistently ahead of OTV. The claim, “OTV repeat history again. Ahead of not only News but also entertainment channel”, was thus found false. The advertisement runs against Rule 5 of TAM guidelines regarding use of averages as only one week’s data has been shown. Any estimate of channel ranking whether based on reach or TV ratings must be based on at least 4-8 weeks to be conclusive. Rule 7 also not observed as the estimate is in fine print at the bottom of the ad and not clearly stated. This confers an artificial advantage upon the advertiser so as to suggest that a better bargain is offered than is truly the case.

     

    18. Jewelsouk Marketplace Limited (Jewelsouk.com): The claim, “The World’s largest Jewellery Marketplace”, was not substantiated.

     

    19. Michael & Michael Pipes Pvt. Ltd. (Michael & Michael): The advertisement misrepresents and attempts to deceive the viewers with reference to IS standards, without BIS certification. Thus the claim of IS 458/1988 was not substantiated and is misleading by ambiguity.

     

    20. Iota International: The packaging claims, “Iota Power Saver Intelligent Electricity Saver Certified ISO 9001:2000 Company JAS-ANZ’’ and “Tested & approved by Electronic Regional Test Laboratory (Govt. of India)”, were false, misleading and were not substantiated.

     

    21. Panki Detergent Private Limited (Panki Detergent Powder): The claim in the TVC, “No. 1 quality”- Quality ki kausati par aaj bhi bhi No. 1”, was not substantiated.